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Are Rules For An Eviction?

What does it mean to have a city marshal “execute” the warrant of eviction?

An eviction is the removal of a tenant and his or her personal belongings from an apartment. The city marshal sees that any entrance locks on the premises to which the tenant may have access are changed. Before a landlord can evict a tenant, a city marshal must serve a marshal's notice, also called a notice of eviction. A notice of eviction is a written notice from a city marshal or sheriff warning a tenant that the tenant has move out.

What does it mean to have a city marshal “execute” the warrant of eviction?

Before executing the warrant of eviction a city marshal must give notice in writing to the persons to be evicted. After providing notice, scheduling the eviction, and confirming the eviction with the landlord; a city marshal may perform an eviction or obtain legal possession between on a business day, Monday through Friday, except on legal holidays.

Are there Special Rules for Children, Mentally Ill, Handicapped, Elderly or Others?

The city marshals are required to find out in advance if the premises are occupied by any individual unable to fend for themselves and if so, to notify the Department of Investigation before scheduling the eviction. City marshals must notify local police if unattended children are found at an eviction site. If, upon arriving at the premises, a city marshal discovers that the tenant or any occupants of the unit are mentally ill, handicapped, elderly, or otherwise unable to care for themselves, a city marshal must notify the Department of Investigation and the appropriate social welfare agency. The eviction must be postponed for approximately two weeks to give the appropriate social service agency an opportunity to provide assistance to such occupants.

What Property may be removed during an eviction?

The landlord may choose between having the city marshal perform an eviction and having a city marshal obtain legal possession. In both, the marshal returns control of the premises to the landlord. For an eviction, a city marshal must hire a bonded moving company licensed by the New York State Department of Transportation and must direct the moving company to deliver the items removed from the premises to a warehouse licensed by the Department of Consumer Affairs. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

What if a city marshal finds living animals in the premises?

If a city marshal finds any living animals, he or she must notify Animal Rescue to remove the animals. City marshals are required to prepare a written inventory of all items contained in the premises of any tenant to be evicted.

What property may the tenant remove from the premises during an eviction?

If a tenant is present at an eviction, the tenant has the right to remove any property or valuables. Property can also be released to a relative, friend or neighbor, if a city marshal is satisfied that the person has the authority to take the property.

What if a city marshal finds money in the premises?

Money found and taken by a city marshal must be left in the custody of the local police station or in a city marshal's office if delivery to the police station is not possible. After the warrant has been executed city marshals are required to notify the evicted tenants of the location of their property.

What items are not to be removed during an eviction?

The following articles are not to be removed from the premises: food, groceries, dishes encrusted with food, any fixture so attached to the realty that its removal will cause damage to the realty, rugs and wall-to-wall carpets which are firmly affixed to the floor, linoleum or tiles.

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